California Assembly Bill AB762 Amended / Bill

 BILL NUMBER: AB 762AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 1, 2015 AMENDED IN ASSEMBLY APRIL 8, 2015 INTRODUCED BY Assembly Member Mullin (Coauthor: Assembly Member Chvez) (Coauthor: Senator Hertzberg) FEBRUARY 25, 2015 An act to  add Section 1596.951 to, and to  amend  and repeal Sections 1596.955 and   Section  1596.956  of,   of  the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGEST AB 762, as amended, Mullin. Day care centers: integrated licensing. Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers by the State Department of Social Services. Existing regulations require a separate license to be issued for each component of a combination center, and establishes teacher-child ratio requirements. Existing law requires the department to develop guidelines and procedures to authorize licensed child day care centers serving infants or preschool age children to create a special optional toddler program component for children between 18 and 30 months of age, and requires the program to be considered an extension of the infant center or preschool license. Existing law makes it a misdemeanor to willfully or repeatedly violate any of these provisions or a rule or regulation promulgated under these provisions. This bill would  require the department to adopt regulations, on or before January 1, 2018, to develop and implement a single integrated license for a day care center serving children from birth to kindergarten. The bill would require the regulations to include age-appropriate transition times, as specified, and a requirement that an integrated license list the age groups of children being served at the day care center. The bill would require, between January 1, 2018, and December 31, 2018, an existing day care center license to be converted to a single integrated child care license upon annual renewal of the license, and would require that until a day care center has the new integrated license, standards for inspection of a day care center to be based on the current license. The bill would also  require a day care center with a toddler component to extend the toddler component to serve children 18 months to 3 years, inclusive,  years of age and would repeal the provisions relating to a toddler program component on January 1, 2018.   of age, and would make conforming changes relating to the guidelines and procedures the department is required to develop.  By changing the definition of an existing crime, the bill would impose a state-mandated program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   The Legislature finds and declares all of the following: (a) In the 1970s, California led the nation in the creation of its licensing system for community care facilities, and pioneered recognition of the special needs of infants and toddlers with a license distinct from preschool-age care. (b) While the standard of care in California statute remains appropriate, the bifurcation of early care licensing in California into two separate licenses is unnecessary and problematic. (c) Many states now mandate the standard required in California, but without dual-licensing. California is one of only two states in the country that employ a separate infant-toddler license. Other states employ a single license for early childhood centers, mandating developmentally appropriate standards based on the age of the children served. (d) Even in California, family day care homes are not subject to the dual license requirement. Only private fee, state and federally funded child day care facilities are subject to the dual license requirement. (e) It is the intent of the Legislature that all of the following are required under a new integrated licensing structure: (1) Children shall be grouped together by their appropriate developmental levels and appropriate staff-child ratio and group size regulations shall be followed. (2) Children shall transition from age-appropriate classrooms or program spaces when their developmental level is appropriate for such a move. (3) A child's chronological age and the entire group's need shall also be considering factors for such moves. (4) All children shall be supervised appropriately by teachers and aides with appropriate staff qualifications. Toddlers may be grouped with either infants or preschoolers as long as the requirements applicable to the youngest age group in the group are followed. (5) Emphasis shall be placed on improving the quality of early care and education for children from birth to kindergarten in center-based programs. (6) Promotion of long-term efficiency within the Community Care Licensing Division of the State Department of Social Services through the elimination of duplicate paperwork and compliance visits to day care centers. (7) Inspection of a day care center based on a single integrated license rather than on separate visits based on each license to increase efficiency and to allow a department analyst to more holistically evaluate a day care center which will lead to stronger health and safety practices. Those efficiencies will reduce cost pressure on the department and allow more providers to operate in California, and thus open more spaces for children and parents waiting for care.   SEC. 2.   Section 1596.951 is added to the Health and Safety Code, to read: 1596.951. (a) The department shall, in consultation with stakeholders, adopt regulations on or before January 1, 2018, to develop and implement a single integrated license for a day care center serving children from birth to kindergarten. Regulations adopted pursuant to this section shall include both of the following: (1) Age-appropriate transition periods that do all of the following: (A) Allow children to transition from one age group to another age group up to three months before or three months after their birthday. (B) Take the needs of the whole age group into consideration in order to move children together. (C) Consider continuity of care of the children and parents being served. (D) Consider the needs of the day care center licensees to maximize spaces being used. (2) A requirement that an integrated license being issued to a new or current day care center licensee list the age groups of children being served at the day care center for the purposes of license inspections, data collection management, and county needs assessments. (b) (1) Between January 1, 2018, and December 31, 2018, a day care center license shall be converted to a single integrated child care license upon annual renewal of the license. The licensee shall not be required to pay an additional fee to replace an existing license with the new single integrated license other than the annual licensing fee. A new applicant for a single integrated license may be charged a fee commensurate with the previous cost for dual licenses. (2) Until an existing day care center license has been replaced with an integrated license, a day care center licensee shall maintain a day care center that meets regulatory standards for the age groups of children that are being cared for at the day care center, and standards for inspection of a day care center shall be based on the current license. (c) Stakeholders consulted in adopting regulations pursuant to this section shall include, but are not limited to, the State Department of Education, California Association for the Education of Young Children, Early Edge California, First 5 California, Children Now, Alliance for Early Success, California Head Start Association, California Child Development Administrators Association, California Child Care Resource and Referral Network, California Child Care Coordinators Association, Infant Development Association, the Western Office of Zero to Three, L.A. Alliance, Title 5 funded providers, and private providers.   SEC. 3.   Section 1596.955 of the Health and Safety Code is amended to read: 1596.955. (a) The department shall develop guidelines and procedures to permit licensed child day care centers serving preschool age children to create a special program component for children between 18 and 30 months of age. This optional toddler program shall be subject to the following basic conditions: (1) An amended application is submitted to and approved by the department. (2) No child shall be placed in the preschool program before the age of 30 months without parental permission. A child who is more than 30 months of age may participate in the toddler program with parental permission. (3) Parents give permission for the placement of their children in the toddler program. (4) A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher. (5) The maximum group size, with two teachers, or one fully qualified teacher and one aide, does not exceed 12 toddlers. (6) The toddler program is conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation. (7) All other preschool regulations are complied with. (b) The toddler program shall be considered an extension of the preschool license, without the need for a separate license. (c) The department shall immediately prepare proposed regulations for public hearing which would consider the foregoing basic conditions as well as any additional health and safety safeguards deemed necessary for this age group. (d) The guidelines in subdivision (a) shall remain in force and effect only until regulations implementing this section are adopted by the department. (e) Commencing January 1, 2016, a day care center with a toddler component pursuant to this section shall extend the toddler component to serve children between 18 months to three years of age of age. It is the intent of the Legislature to provide continuity of care to California's children and parents in the implementation of this subdivision. (f) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 4.   SECTION 1.  Section 1596.956 of the Health and Safety Code is amended to read: 1596.956. (a) The department shall develop guidelines and procedures to authorize licensed child day care centers serving infants to create a special program component for children between 18 and  30   36  months of age. The optional toddler program shall be subject to the following basic conditions: (1) An amended application shall be submitted to and approved by the department. (2) A child younger than 18 months  not   of age  shall  not  be moved into the toddler program. A child who is older than 18 months of age shall not be required to be in the toddler program. (3) Parents shall give permission for the placement of their children in the toddler program. (4) A ratio of six children to each teacher shall be maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher. (5) The maximum group size, with two teachers, or one fully qualified teacher and one aide, shall not exceed 12 toddlers. (6) The toddler program shall be conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation. (7) All other infant center regulations shall be complied with. (b) The toddler program shall be considered an extension of the infant center license, without the need for a separate license. (c) The department shall immediately prepare proposed regulations for public hearing that would consider the foregoing basic conditions as well as any additional health and safety safeguards deemed necessary for this age group. (d) The guidelines in subdivision (a) shall remain in force and effect only until regulations implementing this section are adopted by the department. (e) Commencing January 1, 2016, a day care center with a toddler component pursuant to this section shall extend the toddler component to serve children between 18 months to three years of age. It is the intent of the Legislature to provide continuity of care to California's children and parents in the implementation of this subdivision.  (f) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.   SEC. 5.   SEC. 2.  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.